Author's note: Warning, this chapter contains some gruesome testimony. Kind of like Zorro meets CSI.

I'm sure this chapter also contains a lot of legal errors. I based my small amount of knowledge of the court proceedings on what I've seen in the movies and on TV, the trial in the NWZ episode "Big Brother" (2x16), and my experiences on jury duty.

CHAPTER FOUR

Thirty minutes later, Diego rode back into Los Angeles. The birthday party had started without him, much to his chagrin.

Felipe was grinning broadly as his adopted father entered the cuartel. Everyone had not forgotten him as he had feared. They had just been busy planning this surprise.

"Feliz Cumpleaños," Diego said, reaching through the bars and clasping the young man's shoulder. "Look out the window."

The younger de la Vega did as he was bid. Outside was a horse of deep chestnut brown with black mane and tail. The stallion was sixteen hands high, almost as tall as Toronado. Felipe's eyes widened as he looked at the animal then back at Diego. At the base of its mane was a small, white heart-shaped mark. The exact same mark Toronado had in the same place.

Diego answered the silent question he saw in his son's eyes. "He was a wild colt when he was captured with his mother about eight years ago." The statement confirmed Felipe's suspicion the horse was indeed Toronado's son, the foal they had helped when they had first found the big, black stallion.

The young man kept peeking out at his gift for the remainder of the celebration. Victoria and the Ortegas began cleaning up about an hour later, assisted of course by the gentlemen present.

Diego saw a flash of concern cross his son's face as he glanced again at the stallion. "Don't worry," he said. "You will get to ride him. Have you decided on a name?"

Felipe shook his head. He was not as optimistic as they all seemed to be. It was good to know he had so much support though. Maybe everyone would be right in their conviction he would walk out of here a free man.

He shook his head again, gazing forlornly at his new horse. If only he could believe it.

Z Z Z

Monday morning dawned warm and sunny with the promise of extreme heat later in the day. The de la Vegas and Don Ernesto arrived in Los Angeles not long after sunrise. They brought Felipe a clean suit, shirt and shaving implements. Diego noticed the day before his son was decidedly scruffy looking after nearly a week in jail.

The alcalde was very perturbed at being awaken so early. He would only let Calderon and Don Alejandro see Felipe. Eyeing Diego balefully, he commented, "Since you are on the list of witnesses, you cannot confer with the murderer."

"Accused murderer," corrected Diego irritatedly. He was beginning to sense the odds were being stacked against his son. These qualms were confirmed when Don Ernesto showed them the roster of jurors. All of them were wealthy caballeros, many not on the best of terms with the de la Vegas.

"This is outrageous," declared Victoria when she learned of de Soto's machinations. Since she and Diego both were to testify, they sat together in the front row of chairs that had been set up in the tavern. It was being used once again as a courtroom.

"I know," replied Diego. "We must have faith that the facts will speak for themselves." He reached over and gave her small hand a quick squeeze of reassurance. She grasped his hand with both of hers. He could see the apprehension in her beautiful eyes. But behind that was something else, something he dare not name in fear that he was mistaken.

They were joined by Ana Maria. The good mood she has been in the day before was gone and replaced by one of great anxiety. She was very pale and had been biting her lip until it was almost bleeding. Tears filled her eyes as Felipe was led into the tavern by a lancer, his hands shackled behind his back. Don Ernesto followed behind the young man, pausing to whisper something to Diego.

Diego's reaction was sharp, swift and furious. He strode up to de Soto, who had just entered the building. "Alcalde, I insist you uncuff Felipe this instant," he demanded fiercely. "His hands are his only way of communicating. To keep them confined is to deny him speech."

"He is charged with very serious crimes, Diego," Ignacio replied. "I am worried he will try to escape." The glare Diego leveled him had him reassessing his decision. De Soto got the feeling then if his old schoolmate ever did completely lose his temper, it would be a truly frightening experience. Especially to whomever was on the receiving end of it.

"Very well," the commandante acquiesced. He signaled to the lancer guarding Felipe. "Unlock the manacles."

Felipe shot his father a look of immense gratitude. He rubbed his wrists as Don Ernesto spoke to him.

Sergeant Mendoza emerged then from the kitchen. "Everyone rise," he instructed in his gruffest voice. "The honorable Don Bernardo de la Roca, alcalde of Santa Barbara presiding."

The stocky official materialized through the curtains and took his seat behind the table that had been designated for him. Everyone sat back down when instructed to do so by de la Roca. All but de Soto, who strolled over to stand in front of the jury.

"Gentlemen," he began his opening statement. "We are here today to determine the guilt or innocence of Felipe de la Vega, adopted son of Don Diego de la Vega. I intend to prove beyond a shadow of a doubt that he committed cold-blooded murder by stabbing to death Don Alonzo Montoya, the only son of the esteemed Don Miguel Montoya.

"This was not a crime of passion," he asserted. "If Don Alonzo had been killed during the fight caused by his alleged assault of Señorita Ortega, it would be decreed as such. But no," he sneered dramatically, "de la Vega waited, biding his time until he could get his rival alone then stabbed him three times. That is premeditated murder, a crime so heinous it calls for death by hanging." He glanced over confidentially at Don Ernesto and Felipe.

"And don't forget the accusations of arson against this young man," he continued, stroking his beard. "Is it a coincidence the fires started around the same time his relationship with Señorita Ortega became troubled?

"Is it more than a coincidence there has not been another fire since he was been arrested? I think not. Is it a coincidence the last fire was set near Don Alonzo's body? Again, I don't think so. I think it was set to cover up any evidence of the murder. Unfortunately for Señor de la Vega, the wind blew the flames in the opposite direction."

De Soto walked behind the table serving as his desk. "Murder and arson. Separately, both evil crimes. Together? Even more despicable." He held out his hands. "Both which the defendant had motive and opportunity to commit. Gentlemen of the jury, I pray once you see the proof of our claims, you will do the right thing and remove this monster from our midst. Gracias." With a bow, the alcalde sat down.

The de la Vegas' lawyer then got to his feet. "What you have just heard is only one of several possible scenarios that could have led to the untimely death of Don Alonzo It will be my duty to disprove this theory and present you with the evidence that does so."

"My client admits to being quite angry with Señor Montoya. The man had assaulted his girlfriend. True, there had been a misunderstanding between Felipe and Ana Maria, but he still felt obligated to protect her. As would any man who had witnessed the woman he loved being mistreated." Don Ernesto stared hard at de Soto as he paused.

He returned his attention to the twelve men who would decide the young man's fate. "Felipe may have had the opportunity to murder Don Alonzo. He may have had a good reason. But he did not do so. He was raised to believe that human life is a gift from God and only God has the right to take it away."

The attorney sat back down beside Felipe, who wore a grim expression. The alcalde called his first witness, the young private who had discovered the bloody and charred clothing which was also exhibited. The soldier nervously related his story then was cross examined by Calderon.

Several more people were summoned to the stand, young men and women who had observed the end of the fight between Felipe and Alonzo. They had not seen what caused the brawl, but just the young de la Vega savagely beating Montoya. It was noted he had to be pulled off the defeated don who no longer had been defending himself. They also did not recall seeing Felipe with a bloody nose. Two of the men stated they thought they had seen him during the fire.

Diego sat simmering in his chair. Ignacio deliberately found witnesses who would help his case. He was almost positive two or three of them hadn't even been there that night. Victoria still held his hand and placed her free hand on his arm, trying to calm the anger she felt rising in him.

Finally de Soto turned over the floor to Don Ernesto. His first witness was Victoria, who somewhat reluctantly left Diego's side.

Yes, she had seen Felipe with a bloody nose. Yes, she recalled seeing him wipe it on his jacket. She had almost scolded him for doing so. Victoria told of how she had to calm down the agitated Ana Maria, whose mouth had been slightly bruised as were her wrists from the assault by Don Alonzo.

"Objection!" roared the alcalde. "We only have the young lady's word she was attacked. How do we know she didn't encourage her suitor and then changed her mind at the last minute?"

Felipe would have leapt from his seat if not for Don Ernesto's firm hand on his shoulder. The young man glowered at the commandante who smiled smugly as his objection was sustained. De Soto could not get Victoria to recant any of her testimony though.

Ana Maria was then called forward. She was trembling badly but managed to give Felipe a weak smile. She mouthed that she loved him, which he soundless conveyed back to her as she sat in the witness chair.

Calderon did not ask her any questions. He just let her tell her story of what happened that evening. ". . .and I did not encourage Don Alonzo to take liberties. I asked him to take me back to the fiesta but he refused. That is when he forced himself on me. I tried to get away but he was too strong. If it had not been for Felipe, I know Don Alonzo would have. . ." she paused, closing her eyes as she continued in a whisper, "raped me."

De Soto again screamed in protest. "That is just speculation on Señorita Ortega's part," he declared. "Don Alonzo is not here to defend himself against her charge. We don't know if he would have harmed the young lady or not."

Alcalde de la Roca sided with Ignacio once more. Tears were streaming down Ana Maria's face. "He did try to hurt me," she sobbed. Covering her face with her hands, she said quietly, "This is all my fault."

The commandante was ruthless in his questioning of the young woman. "And what did he do after you thanked him for 'rescuing' you?" he queried with a sneer after he had badgered her for nearly an hour.

"Felipe gave me a letter," Ana Maria responded naively. "Then he left. I didn't see him again until. . ." She dissolved into tears again. "Until I saw him locked up in the cuartel."

"A letter?" De Soto immediately seized upon the opportunity to cry foul. "Why wasn't I informed of this? It might be an important piece of evidence." He glared at Don Ernesto, then at Diego.

"It has nothing to do with this," Ana Maria asserted, wiping her face with a lace trimmed handkerchief. "It is private, just between Felipe and I."

"I'll be the judge of that," announced de la Roca. He motioned to Mendoza. "Sergeant, I want that letter brought to me within the hour. Court is adjourned until one o'clock." It was nearly noon and evidently the man was getting hungry. He banged the gavel on the table, then stood as did everyone else.

De Soto indicated for Felipe to be re-shackled and taken back to his cell. Victoria had to put a restraining hand on Diego's arm. "Help me serve lunch," she requested, hoping to distract him from strangling the alcalde. It was true she wanted to injure the man too, but Diego seemed close to exploding. The lovely innkeeper just prayed he would calm down by the time he was required to testify. This was causing him tremendous pain, she thought. Pain she wished she could help him ease.

Diego took a deep breath then smiled solemnly at her. "Just tell me what you need me to do," he offered. Again he noticed something in her expression, something he desperately wished he was not imagining.

Z Z Z

Mendoza escorted Leonora and Ana Maria to their shop, where the young woman retrieved the note and turned it over to the sergeant. It distressed her to do so, but she didn't want the stout soldier to get in trouble. He had been an important ally in this disaster she had caused and she would always be grateful to the man who probably was going to be her stepfather.

The trial resumed precisely at one. De la Roca scanned the letter as did de Soto, who read it aloud with a sneer on his bearded face. Only the last line was of any consequence, a veiled threat that the young de la Vega would do anything to win back the young lady. "Did that include murder?" the commandante mused aloud.

Felipe, his head in his hands, burned with humiliation and rage as his private words were being bandied about the courtroom. He turned to look at Ana Maria, her beautiful face wet with tears and flushed with embarrassment. 'I'm sorry', she whispered silently. 'It's all right', he mouthed back.

It was finally Diego's turn to testify. Assisting Victoria with the midday meal did indeed help him to regain control of his temper. He had to be dispassionate, for what he had to relate was of the utmost importance in proving his son's innocence.

The arson charges were easy to dispute, as Felipe hadn't even been in Los Angeles when the first three had occurred. He didn't mention he thought he had seen the young man at the last fire, it had been dark and smokey and the fact he had been searching for the lad may have muddied his judgement.

He related his version of what occurred by the river, concurring with what Victoria and Ana Maria had already stated. De Soto raised an eyebrow when he realized it was Señorita Escalante who had been with de la Vega that night.

Diego exhaled and closed his eyes. Now came the rough part of his deposition. "I examined both the murder scene and the body of the deceased," he commented. "Don Alonzo had been stabbed three times as previously mentioned by Alcalde de Soto." Ignacio smiled self-righteously as he inclined his head. "These wounds were not very deep and none of them actually pierced his heart. The large amount of blood on the ground indicated to me that Don Alonzo bled to death. If he had been killed outright, the blood loss would have been minimal. His heart would have stopped beating and therefore no longer pumping blood through his veins."

"Felipe is a very strong young man," he continued. "He has worked for years alongside my father, myself, and the vaqueros on our ranch. If he had indeed stabbed Don Alonzo, it would have taken him only one thrust to penetrate the heart, killing young Montoya instantly. The three superficial wounds lead me to surmise that someone weaker stabbed Don Alonzo then left him there to die."

Diego paused again. This next piece of information had to be put as delicately as he could. "Also upon inspection of the deceased, and this has been verified by Doctor Hernandez, it was obvious that the young man had engaged in intimate relations just prior to his death. With whom, I don't know, but I do know it was not Señorita Ortega. She was with either Señorita Escalante or her mother after the earlier incident."

Horrified gasps filled the tavern. Many people stared at Ana Maria with accusing eyes, despite Diego's declaration of her innocence.

De Soto was even more brutal in his interrogation of Diego. But he managed to keep his fury in check and calmly answered all of the Alcalde's inquiries. His testimony was also unwavering despite de Soto's relentless attack upon it.

The doctor was the last witness for the defense and he collaborated Diego's findings. The alcalde and Don Ernesto both gave their closing arguments. Then everyone departed from the tavern so the jury could deliberate in seclusion.

Felipe was once again returned to the cuartel. He, along with everyone else, had to wait as the twelve men decided his fate. The defense he, Don Ernesto, and Diego had devised had thrown doubt on the fact he had committed the murder and arson. But would the jury believe it?

The de la Vegas and Victoria tarried at the Ortegas' shop as the Alcalde was adhering to his earlier visiting restrictions. Calderon and Ana Maria were the first allowed in to see Felipe and also the last. Not a half an hour had passed before Mendoza came running from the tavern, informing them a verdict had been reached.

The tavern was filled once again as everyone returned to their seats inside. Alcalde de la Roca proceeded to his table facing the spectators. "Has a verdict been reached?" he asked formally.

"Si," the foreman of the jury replied as he stood. "We find the defendant, Felipe de la Vega, guilty of the murder of Don Alonzo Montoya."

Z Z Z